We recently read the results of a case in which an injured motorcyclist sued the driver of a pickup truck and his employer after he was involved in a motorcycle accident. Citation: Doe v. Magnuson-Hagopian Enters., Inc., No. 11-117278-NI (Mich., Oakland Co. Cir. Mar. 6, 2012).
An unidentified 60-year-old motorcyclist (John Doe) has settled his injury accident lawsuit for $1.2 M for serious injuries he sustained when the driver of a pickup truck turned in front of him and caused a motorcycle accident.
Doe was driving under the speed limit in a 45-mph speed zone when Terry Hansen, driving a pickup truck for his employer Magnuson-Hagopian Enterprises, attempted his turn. Unable to avoid the pickup truck, Doe was thrown up onto the truck’s windshield and landed in a ditch.
Doe’s injuries were extensive including fractures to an arm, both legs, pelvis and spine. His urethral external sphincter muscle was injured aggravating a urinary retention/ frequency problem. He now suffers from post traumatic stress disorder and a preexisting problem with depression was aggravated.
Doe’s filed an injury lawsuit against Hansen for his unsafe left turn. He also filed suit against Hansen’s employer alleging respondeat superior liability and negligent entrustment.
Respondeat superior is a legal doctrine that holds that an employer can be held responsible for the actions of an employee for acts performed within the course of their employment.
Negligent entrustment often arises out of automobile accident cases. It is a cause of action in tort law where one party is held liable for the negligence of another. In this case, Hansen was provided the dangerous instrumentality of the pickup truck even though he had a previous license suspension, history of moving violations and a prior drug offense.
Doe sought damages which included medical costs, pain and suffering, mental anguish and a decreased enjoyment of life.
The case settled before trial. Doe’s attorney, Michael J. Garris, of Ann Arbor offered deposition testimony of an off-duty police officer who had witnessed the accident as well as the testimony of a accident reconstruction specialist.
All parties settled for $1.2M in addition to $600,000 paid by Hansen’s employer’s insurer for past medical expenses.
This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motorcycle accidents and the family of those killed.